Positions of States and Organisations

States and some organisations have expressed their views about the utility, purpose, scope and process of the legal review of weapons in various different contexts. Some of these views have been recorded domestic documents, such as military manuals on the law of armed conflict. Increasingly, however, States and organisations have articulated their positions in a range of international fora, either through written submissions or oral interventions.

This database compiles and organises publicly expressed views in relation to legal reviews, without prejudice to their relative significance or effect (for example, in terms of the development of customary international law). The database aims to comprehensively reflect the views of states but only covers the positions of a small number of selected organisations.

This database currently contains 379 positions and is continuously updated. Any corrections, or suggestions to add material, are welcome.

2024

  1. Draft articles on autonomous weapon systems

    26 August 2024State or organisation: AustraliaState or organisation: CanadaState or organisation: EstoniaState or organisation: JapanState or organisation: LatviaState or organisation: LithuaniaState or organisation: PolandState or organisation: Republic of KoreaState or organisation: United KingdomState or organisation: United StatesForum: GGE LAWS 2024

    Article 1. Preventing Autonomous Weapon Systems That, By Their Nature, Are Incapable of Use in Accordance With IHL IHL prohibits the use of an autonomous weapon system if it is of a nature to cause superfluous injury or unnecessary suffering, if it is inherently indiscriminate, …

  2. Submission by Japan to the Secretary-General

    24 May 2024State or organisation: JapanForum: UNGA Res 78/241

    6. Legal review (a) In the study, development, acquisition or adoption of a new weapon, means or method of warfare, it must, in accordance with the obligations of states under international law, be determined whether their use/employment is prohibited by international law in some or …

2023

  1. Draft articles on autonomous weapon systems

    15 May 2023State or organisation: AustraliaState or organisation: CanadaState or organisation: JapanState or organisation: PolandState or organisation: Republic of KoreaState or organisation: United KingdomState or organisation: United StatesForum: GGE LAWS 2023

    Article 1. Preventing Autonomous Weapon Systems That, By Their Nature, Are Incapable of Use in Accordance With IHL IHL prohibits the use of an autonomous weapon system if it is of a nature to cause superfluous injury or unnecessary suffering, if it is inherently indiscriminate, …

  2. Statement by Japan

    9 March 2023State or organisation: JapanForum: GGE LAWS 2023

    Legal reviews of weapons systems using emerging technologies in the area of LAWS, which are carried out with reregard to their research, development, acquisition, employment, as well as methods and means of warfare, is useful in determining whether they are prohibited by international law applicable …

  3. Draft articles on autonomous weapon systems

    6 March 2023State or organisation: AustraliaState or organisation: CanadaState or organisation: JapanState or organisation: Republic of KoreaState or organisation: United KingdomState or organisation: United StatesForum: GGE LAWS 2023

    Article 1: Preventing Autonomous Weapon Systems That, By Their Nature, Are Incapable of Use in Accordance With IHL IHL prohibits the use of an autonomous weapon system if it is of a nature to cause superfluous injury or unnecessary suffering, if it is inherently indiscriminate, …

2022

  1. Principles and Good Practices on Emerging Technologies in the Area of LAWS

    8 August 2022State or organisation: AustraliaState or organisation: CanadaState or organisation: JapanState or organisation: Republic of KoreaState or organisation: United KingdomState or organisation: United StatesForum: GGE LAWS 2022

    VIII. Good Practices Related to Human-Machine Interaction […] 26. At various stages of the life-cycle of a weapon, the following good practices related to human-machine interaction can strengthen compliance with international humanitarian law, strengthen accountability, and mitigate risks in the use of weapons systems based …

2021

  1. Building on Chile’s proposed four elements of further work

    27 September 2021State or organisation: AustraliaState or organisation: CanadaState or organisation: JapanState or organisation: Republic of KoreaState or organisation: United KingdomState or organisation: United StatesForum: GGE LAWS 2021

    Weapons Reviews Relevant Guiding Principles: In accordance with States’ obligations under international law, in the study, development, acquisition, or adoption of a new weapon, means or method of warfare, determination must be made whether its employment would, in some or all circumstances, be prohibited by …

  2. Statement by Japan

    4 August 2021State or organisation: JapanForum: GGE LAWS 2021

    In order to ensure that the military use of emerging technologies in the area of LAWS is in compliance with international legal obligations, particularly [IHL], we must carefully study the use in the entire life cycle of weapons systems. In particular, the hardware and software …

2020

  1. National Commentary by Japan

    28 August 2020State or organisation: JapanForum: GGE LAWS 2020

    This principle is considered stipulating substantially the same provision as that of Article 36 of the Additional Protocol I of the Geneva Convention on August 12, 1949. Article 36 can be interpreted as obligating each High Contracting Party, in its research, development, acquisition or adoption …

2019

  1. Possible outcome of 2019 GGE and future actions of international community on LAWS

    22 March 2019State or organisation: JapanForum: GGE LAWS 2019

    Concerning confidence building measures, it is appropriate to consider what kind of mechanism is suitable in order to secure transparency. Introducing an implementation mechanism of weapons review into the annual report of the CCW may work as one of such mechanisms.

2005

  1. IHL and ERW: Response from Japan

    4 August 2005State or organisation: JapanForum: WG ERW

    14. Although Japan does not have a specific mechanism solely for the review described in the question, it considers it obvious that Japan should implement the obligation in Article 36 of the Protocol I and review the legality of new weapons.